CBI was pulled up by a city court today for delaying in communicating to Canada for help in tracing a witness of a 1984 anti-Sikh riots case in which Congress leader Jagdish Tytler was earlier given a clean chit.
The court expressed displeasure saying the agency had delayed in writing a letter to the Canadian Government seeking details of Narinder Singh, son of a prime witness against Tytler, which it did only on September 8 even though the order to do so was given on July 11.
Additional Chief Metropolitan Magistrate Shivali Sharma asked CBI's Superintendent of Police, who is supervising the probe, to appear before the court on October 25 to apprise it about the status of investigation.
The court called the senior officer while observing that the position of the probe in the case was the same as it was on July 11, the last date of hearing.
"After July 11 order, you have written letter to the Canadian Government on September 8, it shows delay on your part," the court told CBI after perusing the probe report filed earlier in a sealed cover.
"This position of investigation was same as on the last date of hearing also. What is new now," the court asked the CBI prosecutor and the investigating officer.
It also directed the agency to file its monthly probe report on October 25, the next date of hearing.
During the hearing, prosecutor N K Srivastava said they had contacted the Interpol authorities for tracing Narinder but they asked them to contact the Canadian government.
On CBI's reluctance in seeking the help of complainant and senior advocate H S Phoolka, who represents the riot victims, in tracing Narinder and other foreign based witnesses, the court asked "what is the harm in seeking their help if they can help in expediting the process?"
CBI, however, said its domestic probe was almost done and it would take some time to complete offshore investigation.
"We have made all possible efforts to trace Narinder but he could not be contacted. We have tried his mobile number several times but nobody picks up the call," the prosecutor said, adding that CBI has also taken help of foreign agencies.
The prosecutor also said that the CBI has sent a
communication to the Canadian authorities to verify the address of Narinder in Canada and the reply was awaited.
During the hearing, Phoolka vehemently opposed CBI's plea seeking three months to complete the probe on the ground that Canada's reply was awaited.
"It's a total eye wash. Narinder's relatives are here in India and his number was also working till some time back. He had also come to India recently. We are ready to help them (CBI) but it appears there is no will," he argued.
The court had earlier given a last chance to CBI to complete its further probe in two months, observing that "justice delayed amounted to justice denied".
After the court's earlier direction, CBI had recently questioned Tytler in connection with the case on September 9 when he had answered questions put by investigating officers.
The court had earlier pulled up the agency for not taking proper steps to complete the probe and had made it clear that if no fruitful results are shown in two months, CBI's SP would have to explain. It had also directed the CBI to write to the Canadian High Commission for information regarding the case.
The case pertains to the riots at Gurudwara Pulbangash in North Delhi where three people were killed on November 1, 1984, a day after the assassination of then Prime Minister Indira Gandhi.
The court had said it would monitor the probe every two months so that no aspect of the matter is left uninvestigated.
CBI had re-investigated the case of killing of Badal Singh, Thakur Singh and Gurcharan Singh near the gurudwara after a court had in December 2007 refused to accept the closure report. CBI had filed three closure reports in it. Tytler has denied any role in the riots.
